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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 1526   View pdf image (33K)
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1526 ARTICLE 42.

true causes of his detainer or imprisonment, if any, or under what color or
pretense such person is confined or restrained of his liberty.

An. Code, see. 6. 1904, sec. 6. 1888, sec. 6. 1819, ch. 137, sec. 1.

5. On any application for a habeas corpus, if it shall be made to appear
to the satisfaction of the court or judge that there is probable cause for
believing that the person who may be charged with confining or detaining
the person making the application, or on whose behalf the same is made,
is about to remove the person so detained from the place where he may then
be confined or detained, for the purpose of evading any writ of habeas
corpus., or for other purpose, or that the person charged as aforesaid would
evade or not obey any such writ, then the court or judge shall insert in the
writ of habeas corpus a clause commanding the sheriff of the county in
which the person charged as aforesaid may be, to serve the writ on the
person to whom the same may be directed, and to cause the said person
immediately to be and appear before the said court or judge, together with
the person so confined or detained.

An. Code, sec. 7. 1904, sec. 7. 1888, sec. 7. 1819, ch. 137, sec. 1.

6. It shall be the duty of the sheriff to whom the writ mentioned in the
preceding section may be delivered immediately to execute the same and
to carry the person charged with the detention, together with the person
detained, before the court or judge, who shall proceed to inquire into the
subject-matter.

An. Code, sec. 8. 1904, sec. 8. 1888, sec. 8. 1819, ch. 137, sec. 2.

7. If the sheriff to whom any such writ of habeas corpus as is referred
to in the preceding section may be delivered shall neglect or refuse imme-
diately to execute the same and when executed to make return thereof
to the court or judge granting the same and take with him the person
charged with the detention (or one of the persons detaining, if there be
more than one), together with the person detained, he shall, upon conviction
thereof, forfeit the sum of five hundred dollars to be paid to the person in
whose behalf such writ of habeas corpus shall have issued; and if the said
person or some one on his behalf shall not prosecute for the same within six
months after such neglect or refusal, then one-half of said forfeiture shall
go to the State, and the other half to the person who may prosecute for the
same.

An. Code, sec. 9. 1904, sec. 9. 1888, sec. 9. 1809, ch. 125, sec. 3.

8. If any officer or other person to whom a writ of habeas corpus may
be directed shall neglect or refuse to make return thereof, or to bring the
body of the person detained, according to the command of said writ,
within the time hereinbefore limited, he shall forfeit to the person de-
tained five hundred dollars.

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 1526   View pdf image (33K)
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